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Wrongful death, excessive force - Settled - $3,250,000

BP et. al. v County of San Bernardino, City of Barstow et. al., U.S. District Court (Riverside).
Settled in 2022 for $3,250,000. 42 U.S.C. § 1983-Wrongful Death, Excessive Force.

Casey Pantalion died on August 1, 2017, shortly after he was taken into custody at the Barstow Community Hospital by Police Officers from the Barstow Police Department, assisted by Deputy Sheriffs from the San Bernardino County Sheriff's Department.

The officers had responded to what was in essence a “Disturb the Peace” call from Barstow Community Hospital staff.  Following his death Casey's wife and four minor children filed a lawsuit in Federal Court (Riverside) claiming a violation of his civil rights under 42 U.S.C. § 1983, which included claims for Excessive Force, Denial of Medical Attention, and State of California claims for Wrongful Death (Battery and Negligence).

While being taken into custody by the officers the lawsuits claims: That Casey was hog-tied. The officers secured both of Casey's ankles with a nylon hobble, following which they attached the clip of the hobble leash to the handcuffs securing Casey's hands behind his back. That the officers applied pressure to Casey's back while he was prone on the ground, and prone on the back seat of a Barstow Police Department patrol car. That Casey remained on his stomach handcuffed and hobbled for a period of time sufficient to deplete oxygen to his brain, resulting in his death from positional asphyxia.

Mervyn S. Lazarus

Mervyn S. Lazarus has for over twenty-five years obtained great results for his clients in civil rights lawsuits, one case at a time. Mervyn litigates in both Federal and State Courts on behalf of victims whose Constitutional Rights were violated by law enforcement officers.

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